Riches et al v. Gore et al

Filing 4

ORDER DISMISSING CASE. Clerk shall enter judgment accordingly. Certificate of appealability is denied. Clerk shall serve order and judgment on each petitioner (mailed 6/25/15). Motion to withdraw 3 is denied as moot. Signed by Judge Robert C. Jones on 6/25/15. (Copies have been distributed pursuant to the NEF - JC)

1
2
3
4
5

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

6
7
8
9

JONATHAN RICH, et al.,

10

Petitioners,

11

vs.

12

Case No. 3:15-cv-00108-RCJ-WGC

SAMUEL GORE, et al.,

13

ORDER

Respondents.

14
15

Petitioners, who have been paroled from incarceration in the Nevada Department of

16

Corrections, have submitted a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241.

17

Petitioners have not paid the filing fee, nor have they submitted applications to proceed in forma

18

pauperis. However, the subject matter of the action is not suitable for habeas corpus, and the court

19

simply will dismiss the action.

20

Petitioners allege that they fear being returned to prisons in Nevada because of inadequate

21

nutrition, denial of kosher diets, lack of dental care, lack of vocational training, lack of hot showers,

22

solitary confinement, and other, unspecified unsanitary conditions. “Habeas corpus proceedings are

23

the proper mechanism for a prisoner to challenge the ‘legality or duration’ of confinement. A civil

24

rights action, in contrast, is the proper method of challenging ‘conditions of . . . confinement.’”

25

Badea v. Cox, 931 F.2d 573, 574 (9th Cir. 1991) (quoting Preiser v. Rodriguez, 411 U.S. 475, 484,

26

498-99 (1973)). Petitioners need to raise these claims in their own, separate civil rights actions

27

pursuant to 42 U.S.C. § 1983.

28

1
2
3
4

Reasonable jurists would not find this conclusion to be debatable or wrong, and the court
will not issue a certificate of appealability.
Petitioner Jonathan Rich has filed a motion to withdraw (#3). The motion is moot because
the court is dismissing the action in its entirety.

5

IT IS THEREFORE ORDERED that the motion to withdraw (#3) is DENIED as moot.

6

IT IS FURTHER ORDERED that this action is DISMISSED. The clerk of the court shall

7

enter judgment accordingly.

8

IT IS FURTHER ORDERED that a certificate of appealability is DENIED.

9

IT IS FURTHER ORDERED that the clerk of the court shall serve this order and judgment

10

upon each petitioner.

11

Dated:

June 25, 2015

12
13

_________________________________
ROBERT C. JONES
United States District Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-